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(영문) 대구지방법원 2017.03.21 2016고단5794
폭행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On August 14, 2016, the Defendant, while drinking alcohol on the table table in front of the convenience store C in Busan City B, around 20:50 on August 14, 2016, had a bit of bit of bitch bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of flue

Madney, Madney, slurine

In order to put about about 20 to 30 minutes of a brush at the entrance of the above convenience store such as avoiding disturbance such as brushing, assaulting D, etc., it interfered with the convenience store business of the victim E (the 22 years old) who is an employee of the above convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Suspension of Execution of the Criminal Act ( considered as favorable conditions for sentencing among the reasons for sentencing) - Type 1 (Interference with business affairs) (Scope of applicable statutory punishment: January to five years (special person for sentencing): Decision on the area of mitigation [Scope of Recommendation] Reduction [The scope of Recommendation] from January to August 8 / Major Reasons for Suspension of Execution] Major Reasons for Suspension of Sentence - Main Reasons for Suspension of Punishment (including efforts to recover damage) - Not having any positive and positive reasons for Suspension of Execution (including efforts to recover damage): Decision on the grounds for Suspension of Execution of Sentence - There are no positive and positive grounds for Suspension of Sentence : Decision on the grounds for Suspension of Execution of Sentence / Decision 314(1) of the Criminal Act : Decision / Decision 314(1) of the Criminal Act; Decision / Decision / Decision / Decision ] The extent of the defendant's favorable punishment for the defendant, even though the defendant has been subject to multiple criminal punishment; Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision / Decision of the defendant's more favorable to prevent the defendant.

Rejection of Public Prosecution

1. Of the facts charged in the instant case, the Defendant’s summary of assault on August 14, 2016.

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